Assembly Bill No. 283–Committee on Commerce and Labor

(On Behalf of Consumer Affairs Division)

February 18, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing solicitation by telephone. (BDR 52-743)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to solicitation by telephone; requiring certain applicants for registration as a seller and certain persons associated with a seller to obtain a work card issued by the sheriff of the county in which the business of the seller is located; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 599B.090 is hereby amended to read as follows:

1-2 599B.090 1. An applicant for registration as a seller must submit to

1-3 the division, in such form as it prescribes, a written application for

1-4 registration. The application must:

1-5 (a) Set forth the name of the applicant, including each name under which

1-6 he intends to do business;

1-7 (b) Set forth the name of any parent or affiliated entity that:

1-8 (1) Will engage in a business or other transaction with the consumer

1-9 relating to any sale or donation solicited by the applicant; or

1-10 (2) Accepts responsibility for any statement or act of the applicant

1-11 relating to any sale or donation solicited by the applicant;

1-12 (c) Set forth the complete street address of each location, designating the

1-13 principal location, from which the applicant will be doing business;

1-14 (d) Contain a list of all telephone numbers to be used by the applicant,

1-15 with the address where each telephone using these numbers will be located;

1-16 (e) Set forth the name and address of each:

2-1 (1) Principal officer, director, trustee, shareholder, owner or partner

2-2 of the applicant, and of each other person responsible for the management

2-3 of the business of the applicant;

2-4 (2) Person responsible for a location from which the applicant will do

2-5 business; and

2-6 (3) Salesman to be employed by or otherwise associated with the

2-7 applicant;

2-8 (f) Be accompanied by a copy of any:

2-9 (1) Script, outline or presentation the applicant will require a

2-10 salesman to use when soliciting or, if no such document is used, a statement

2-11 to that effect;

2-12 (2) Sales or donation information or literature to be provided by the

2-13 applicant to a salesman, or of which the applicant will inform the salesman;

2-14 and

2-15 (3) Sales or donation information or literature to be provided by the

2-16 applicant to a consumer in connection with any solicitation;

2-17 (g) If the applicant is a corporation, be signed by an officer of the

2-18 corporation; and

2-19 (h) If the applicant is a natural person, be completed personally by the

2-20 applicant.

2-21 2. Any material submitted pursuant to paragraph (f) of subsection 1 is

2-22 submitted for the records of the division and not for the approval of the

2-23 division.

2-24 3. The information provided pursuant to paragraph (f) of subsection 1

2-25 by an applicant for registration as a seller is confidential and may only be

2-26 released to a law enforcement agency, to a court of competent jurisdiction

2-27 or by order of a court of competent jurisdiction.

2-28 4. If the applicant is other than a natural person, or if any parent or

2-29 affiliated entity is identified pursuant to paragraph (b) of subsection 1, the

2-30 applicant must, for itself and any such entity, identify its place of

2-31 organization and:

2-32 (a) In the case of a partnership, provide a copy of any written

2-33 partnership agreement; or

2-34 (b) In the case of a corporation, provide a copy of its articles of

2-35 incorporation and bylaws.

2-36 5. An application filed pursuant to this section must be verified and

2-37 accompanied by:

2-38 (a) A bond, letter of credit or certificate of deposit satisfying the

2-39 requirements of NRS 599B.100;

2-40 (b) A fee for registration in the amount of $6,000;

2-41 (c) If subsection 6 applies, the additional bond, letter of credit or

2-42 certificate of deposit and the additional fee required by that subsection; and

3-1 (d) [If the applicant intends to offer for sale information or opinions

3-2 relating to sporting events, a] A copy of:

3-3 (1) The work card issued to the seller pursuant to subsection 1 of

3-4 NRS 599B.115 [;] , if the seller is required to obtain a work card; and

3-5 (2) The work cards of any other persons associated with the seller

3-6 who are required to obtain work cards pursuant to subsection 2 of NRS

3-7 599B.115.

3-8 6. If an applicant intends to do business under any assumed or fictitious

3-9 name, he must, for each such name:

3-10 (a) File an additional bond, letter of credit or certificate of deposit

3-11 satisfying the requirements of NRS 599B.100; and

3-12 (b) Pay an additional fee for registration in the amount of $6,000.

3-13 Sec. 2. NRS 599B.115 is hereby amended to read as follows:

3-14 599B.115 1. [Each] Except as otherwise provided in subsection 5,

3-15 each applicant for registration as a seller [who intends to offer for sale

3-16 information or opinions relating to sporting events] must obtain a work card

3-17 issued pursuant to subsection 3 by the sheriff of the county in which the

3-18 business of the applicant is located.

3-19 2. [Each] Except as otherwise provided in subsection 5, each

3-20 principal officer, director, trustee, shareholder [and employee of a seller

3-21 who offers for sale information or opinions relating to sporting events, or

3-22 an owner or partner of such] , owner, partner and employee of a seller,

3-23 and each salesman associated with a seller who is not an employee of the

3-24 seller, must obtain a work card issued pursuant to subsection 3 by the

3-25 sheriff of the county in which the business of the seller is located that

3-26 authorizes his association with the seller.

3-27 3. The sheriff of a county shall issue a work card to [a seller who

3-28 intends to offer for sale information or opinions relating to sporting events,

3-29 or a principal officer, director, trustee, shareholder or employee of such a

3-30 seller,] each person who is required by this section to obtain a work card

3-31 and who complies with the requirements established by the sheriff for the

3-32 issuance of such a card. A work card issued pursuant to this section must be

3-33 renewed each year.

3-34 4. If the sheriff of a county requires an applicant for a work card to

3-35 submit a set of his fingerprints with his application, the sheriff may submit

3-36 the fingerprints to the central repository for Nevada records of criminal

3-37 history and to the Federal Bureau of Investigation to determine the criminal

3-38 history of the applicant.

3-39 5. A person who is licensed or registered pursuant to chapter 119A or

3-40 645 of NRS is not required to obtain a work card pursuant to this section.

3-41 Sec. 3. NRS 599B.140 is hereby amended to read as follows:

3-42 599B.140 1. Each person registered pursuant to the provisions of this

3-43 chapter must renew his registration annually by:

4-1 (a) Paying the fee for registration;

4-2 (b) Submitting to the division the application required by NRS

4-3 599B.090 or 599B.120, whichever applies; and

4-4 (c) If the person is a seller , [who offers for sale information or opinions

4-5 relating to sporting events,] submitting to the division [a] :

4-6 (1) A copy of the work card obtained by:

4-7 [(1)] (I) The seller pursuant to subsection 1 of NRS 599B.115; and

4-8 [(2)] (II) Each principal officer, director, trustee, shareholder,

4-9 [employee,] owner , partner and [partner] employee of the seller , and

4-10 each salesman associated with the seller who is not an employee of the

4-11 seller, pursuant to subsection 2 of NRS 599B.115 [.] ; and

4-12 (2) If applicable, a statement listing each person who, pursuant to

4-13 subsection 5 of NRS 599B.115, is not required to obtain a work card.

4-14 2. Registration expires on the anniversary of the issuance of the

4-15 registration. A registrant who wishes to renew his registration must do so

4-16 on or before the date his registration expires.

4-17 3. For the purposes of NRS 599B.080, a person who fails to renew his

4-18 registration within the time required by this section is not registered

4-19 pursuant to this chapter.

4-20 4. Except as otherwise provided in NRS 599B.160, if any material

4-21 change in the information submitted for registration occurs before the date

4-22 for renewal, a registrant shall submit that information to the division within

4-23 10 days after the registrant obtains knowledge of the change.

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